PRESIDENT'S OFFICE
No. 697.
24 April 1996
NO. 27 OF 1996: NATIONAL EDUCATION POLICY ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
GENERAL EXPLANATORY NOTE:
<< >> Words between pointed brackets indicate insertions in existing
enactments.
ACT
To provide for the determination of national policy for education; to amend the
National Policy for General Education Affairs Act, 1984, so as to substitute
certain definitions; to provide afresh for the determination of policy on
salaries and conditions of employment of educators; and to provide for matters
connected therewith.
PREAMBLE
WHEREAS it is necessary to adopt legislation to facilitate the democratic
transformation of the national system of education into one which serves the
needs and interests of all the people of South Africa and upholds their
fundamental rights;
(Afrikaans text signed by the President.)
(Assented to 16 April 1996.)
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as
follows:-
Definitions
1. In this Act, unless the context indicates otherwise-
(i) "Committee" means the Heads of Education Departments Committee
established by section 10; (vi)
(ii) "consultative body" means a consultative body contemplated in
section 11; (xiv)
(iii) "Council" means the Council of Education Ministers established by
section 9; (xiii)
(iv) "Department" means the Department of Education; (iii)
(v) "Director-General" means the Director-General: Education; (iv)
(vi) "education" means any education and training provided by an
education institution, other than training as defined in section I
of the Manpower Training Act, 1981 (Act No. 56 of 1981); (viii)
(vii) "education department" means the Department and a department of
any provincial government which is responsible for education; (ix)
(viii) "education institution" means any institution providing
education, whether early childhood education, primary, secondary,
further or higher education, other than a university or technikon,
and also an institution providing specialised, vocational, adult,
distance or community education; (x)
(ix) "educator" means any person who teaches, educates or trains other
persons at an education institution or assists in rendering
education services or education auxiliary or support services
provided by or in an education department, but does not include any
officer or employee as defined in section 1 of the Public Service
Act, 1994 (Proclamation No. 103 of 1994); (xi)
(x) "Minister" means the Minister of Education; (vii)
(xi) "organised teaching profession" means an organisation or union
which is a member of the Education Labour Relations Council
established by section 6 of the Education Labour Relations Act, 1993
(Act No. 146 of 1993), and is recognised by the Minister for the
purposes of this Act; (v)
(xii) "policy instrument" means the policy instrument referred to in
section 7; (ii)
(xiii) "provincial political head of education" means the member of an
Executive Council responsible for education in a province; (xii)
(xiv) "school" means a pre-primary, primary or secondary school; (xv)
(xv) "stakeholder" means an organisation or body with a direct and
continuing interest in the education institution, programme, phase
or sector in question; (i)
(xvi) "student" means any person enrolled in an education institution;
(xvi)
(xvii) "subcommittee" means a subcommittee of the Committee. (xvii)
Objectives of Act
2. The objectives of the Act are to provide for-
(a) the determination of national education policy by the Minister in
accordance with certain principles;
(b) the consultations to be undertaken prior to the determination of policy,
and the establishment of certain bodies for the purpose of consultation;
(c) the publication and implementation of national education policy;
(d) the monitoring and evaluation of education.
Determination of national education policy by Minister
3. (1) The Minister shall determine national education policy in accordance
with the provisions of the Constitution and this Act.
(2) In determining national policy for education at education institutions,
the Minister shall take into account the competence of the provincial
legislatures in terms of section 126 of the Constitution, and the relevant
provisions of any provincial law relating to education.
(3) Whenever the Minister wishes a particular national policy to prevail over
the whole or a part of any provincial law on education, the Minister shall
inform the provincial political heads of education accordingly, and make a
specific declaration in the policy instrument to that effect.
(4) Subject to the provisions of subsections (1) to (3), the Minister shall
determine national policy for the planning, provision, financing, staffing,
co-ordination, management, governance, programmes, monitoring, evaluation and
well-being of the education system, and without derogating from the generality
of this section, may determine national policy for-
(a) education management information systems, including the provision of
data in accordance with the international obligations of the government;
(b) the organisation, management and governance of the national education
system;
(c) facilities, finance and development plans for education, including
advice to the Financial and Fiscal Commission;
(d) innovation, research and development in education;
(e) the ratio between educators and students;
(f) the professional education and accreditation of educators;
(g) the organisation, management, governance, funding, establishment and
registration of education institutions;
(h) compulsory school education;
(i) the admission of students to education institutions, which shall include
the determination of the age of admission to schools;
(j) the minimum number of hours per day and days per year during which
education shall be provided for different phases of education in
education institutions;
(c) facilities, finance and development plans for education, including
advice to the Financial and Fiscal Commission;
(d) innovation, research and development in education;
(e) the ratio between educators and students;
(f) the professional education and accreditation of educators;
(g) the organisation, management, governance, funding, establishment and
registration of education institutions;
(h) compulsory school education;
(i) other state departments;
(ii) provincial education departments;
(iii) local government; and
(iv) non-government organisations,
with a view to advancing the national education policy contemplated in
this section and the Reconstruction and Development Programme;
(q) in
4. The policy contemplated in section 3 shall be directed toward-
(a) the advancement and protection of the fundamental rights of every person
guaranteed in terms of Chapter 3 of the Constitution, and in terms of
international conventions ratified by Parliament, and in particular the
right-
(i) of every person to be protected against unfair discrimination within
or by an education department or education institution on any ground
whatsoever;
(ii) of every person to basic education and equal access to education
institutions;
(iii) of a parent or guardian in respect of the education of his or her
child or ward;
(iv) of every child in respect of his or her education;
(v) of every student to be instructed in the language of his or her
choice where this is reasonably practicable;
(vi) of every person to the freedoms of conscience, religion, thought,
belief, opinion, expression and association within education
institutions;
(vii) of every person to establish, where practicable, education
institutions based on a common language, culture or religion, as
long as there is no discrimination on the ground of race;
(viii) of every person to use the language and participate in the
cultural life of his or her choice within an education institution;
(b) enabling the education system to contribute to the full personal
development of each student, and to the moral, social, cultural,
political and economic development of the nation at large, including the
advancement of democracy, human rights and the peaceful resolution of
disputes;
(c) achieving equitable education opportunities and the redress of past
inequality in education provision, including the promotion of gender
equality and the advancement of the status of women;
(d) endeavouring to ensure that no person is denied the opportunity to
receive an education to the maximum of his or her ability as a result of
physical disability;
(e) providing opportunities for and encouraging lifelong learning;
(f) achieving an integrated approach to education and training within a
national qualifications framework;
(g) cultivating skills, disciplines and capacities necessary for
reconstruction and development;
(h) recognising the aptitudes, abilities, interests, prior knowledge and
experience of students;
(i) encouraging independent and critical thought;
(j) promoting a culture of respect for teaching and learning in education
institutions;
(k) promoting enquiry, research and the advancement of knowledge;
(l) enhancing the quality of education and educational innovation through
systematic research and development on education, monitoring and
evaluating education provision and performance, and training educators
and education managers;
(m) ensuring broad public participation in the development of education
policy and the representation of stakeholders in the governance of all
aspects of the education system;
(n) achieving the cost-effective use of education resources and sustainable
implementation of education services;
(o) achieving close co-operation between the national and provincial
governments on matters relating to education, including the development
of capacity in the departments of education, and the effective
management of the national education system.
Consultation on national education policy
5. (1) Policy contemplated in section 3 shall be determined by the Minister
after consultation with such appropriate consultative bodies as have been
established for that purpose in terms of section II or any applicable law, and
with-
(a) the Council;
(b) such national organisations representing college rectors as the Minister
may recognise for this purpose;
(c) the organised teaching profession;
(d) such national organisations representing parents as the Minister may
recognise for this purpose;
(e) such national organisations representing students as the Minister may
recognise for this purpose;
(f) such other national stakeholder bodies as the Minister may recognise for
this purpose.
(2) The policy contemplated in section 3 shall be determined by the Minister
with the concurrence of the Minister of Finance in so far as it involves
expenditure from the State Revenue Fund.
(3) Nothing in this section shall limit the discretion of the Minister to
consult whomsoever he or she wishes for advice on the determination of national
education policy.
Consultation on legislation
6. Legislation on a matter referred to in section 3 shall be introduced in
Parliament or, in the case of regulations, be published in the Gazette only
after consultation between the Minister and-
(a) the Council, in respect of education at education institutions; and
(b) all the parties in the Education Labour Relations Council established by
section 6 of the Education Labour Relations Act, 1993 (Act No. 146 of
1993), in respect of any matter falling within the objectives of that
Act.
Publication of national education policy
7. The Minister shall within 21 days after determining policy in terms of
section 3-
(a) give notice of such determination in the Gazette and indicate in such
notice where the policy instrument issued with regard thereto may be
obtained;
(b) table the policy instrument referred to in paragraph (a) in Parliament
within 21 days after the notice has appeared in the Gazette, if
Parliament is then in ordinary session, or, if Parliament is not in
ordinary session, within 21 day after the commencement of the first
ensuing ordinary session of Parliament.
Monitoring and evaluation of education
8. (1) The Minister shall direct that the standards of education provision,
delivery and performance throughout the Republic be monitored and evaluated by
the Department annually or at other specified intervals, with the object of
assessing progress in complying with the provisions of the Constitution and
with national education policy, particularly as determined in terms of section
3(3).
(2) Each directive issued in terms of subsection (l) shall comply with the
provisions of any law establishing a national qualifications framework, and
shall be formulated after consultation with the bodies referred to in section
5(l).
(3) The Department shall undertake the monitoring and evaluation contemplated
in subsection (1) by analysis of data gathered by means of education management
information systems, or by other suitable means, in co-operation with
provincial departments of education.
(4) The Department shall fulfill its responsibilities in terms of subsections
(1) to (3) in a reasonable manner, with a view to enhancing professional
capacities in monitoring and evaluation throughout the national education
system, and assisting the competent authorities by all practical means within
the limits of available public resources to raise the standards of education
provision and performance.
(5) The Department shall prepare and publish a report on the results of each
investigation undertaken in terms of subsection (3) after providing an
opportunity for the competent authority concerned to comment, which comment
shall be published with the report.
(6) If a report prepared in terms of subsection (5) indicates that the
standards of education provision, delivery and performance in a province do not
comply with the Constitution or with the policy determined in terms of section
3(3), the Minister shall inform the provincial political head of education
concerned and require the submission within 90 days of a plan to remedy the
situation.
(7) A plan required by the Minister in terms of subsection (6) shall be
prepared by the provincial education department concerned in consultation with
the Department, and the Minister shall table the plan in Parliament with his or
her comments within 21 days of receipt, if Parliament is then in ordinary
session, or, if Parliament is not in ordinary session, within 21 days after the
commencement of the first ensuing ordinary session of Parliament.
Council of Education Ministers
9. (1) There is hereby established a council, called the Council of Education
Ministers, consisting of-
(a) the Minister, who shall be the chairperson;
(b) the Deputy Minister of Education, if such Deputy Minister is appointed,
who in the absence of the Minister shall be designated by the Minister
as chairperson; and
(c) every provincial political head of education.
(2) The Director-General shall attend meetings of the Council in order to
report on the proceedings of the Committee, and to advise on any other matter
relating to the responsibilities of the Department.
(3) The chairpersons of the Portfolio Committee on Education in the National
Assembly and the Select Committee on Education in the Senate may attend
meetings of the Council.
(4) The functions of the Council shall be to-
(a) promote a national education policy which takes full account of the
policies of the government, the principles contained in section 4, the
education interests and needs of the provinces, and the respective
competence of Parliament and the provincial legislatures in terms of
section 126 of the Constitution;
(b) share information and views on all aspects of education in the Republic;
and
(c) co-ordinate action on matters of mutual interest to the national and
provincial governments.
(5) The Council may draw up such rules regarding the convening of its
meetings, the frequency of its meetings, the procedure at its meetings,
including the quorum for its meetings, and any other matter it may deem
necessary or expedient for the proper performance of its functions or the
exercise of its powers.
(6) The proceedings of the Council shall not be invalid merely by virtue of
the fact that there is a vacancy in the Council.
Heads of Education Departments Committee
10. (1) There is hereby established a committee called the Heads of Education
Departments Committee consisting of-
(a) the Director-General, who shall be the chairperson;
(b) the Deputy Directors-General of the Department; and
(c) the heads of the provincial education departments.
(2) The functions of the Committee shall be to-
(a) facilitate the development of a national education system in accordance
with the objectives and principles provided for in this Act;
(b) share information and views on national education;
(c) co-ordinate administrative action on matters of mutual interest to the
education departments; and
(d) advise the Department on any matter contemplated in sections 3, 4, 5, 6,
7, 8 and I I in respect of education, or on any other matter relating to
the proper functioning of the national education system.
(3) The Committee may establish subcommittees to assist it in the performance
of its functions, and-
(a) may appoint persons who are not members of the Committee to be members
of a subcommittee: Provided that the organised teaching profession
shall be invited to nominate representatives as members of each
subcommittee;
(b) designate the chairperson of a subcommittee or direct that the
chairperson be appointed by the subcommittee from among its members.
(4)(a) Meetings of the Committee shall be held at such times and places as the
chairperson of the Committee may determine.
(b) The proceedings of the Committee shall not be invalid merely by virtue of
the fact that there is a vacancy in the Committee.
(c) If the chairperson of the Committee is absent from a meeting of the
Committee, one of the Deputy Directors-General designated for this purpose by
the chairperson shall take the chair at that meeting.
(5) The Committee may draw up rules regarding the procedure at its meetings,
including the quorum for its meetings, and any other matter it may deem
necessary or expedient for the proper performance of its functions or the
exercise of its powers: Provided that not less than four meetings per year
shall be held.
Consultative bodies
11. (1) The Minister may, subject to any applicable law, by regulation
establish such bodies as may be necessary to advise him or her on matters
contemplated in section 3: Provided that the Minister shall establish-
(a) a body to be known as the National Education and Training Council, whose
membership shall reflect the main national stakeholders in the national
education system, to advise on broad policy and strategy for the
development of the national education system and the advancement of an
integrated approach to education and training;
(b) such other bodies as may be necessary to represent the interests of
particular sectors of the education system.
(2) The composition, qualifications for membership, duties, powers and
functions of a body established in terms of subsection (1), and the term of
office of its members, shall be as prescribed by regulation: Provided that the
bodies referred to in section 5(1)(c), shall be invited to nominate
representatives to any such consultative body within their respective spheres
of interest.
(3) Different regulations may be made in respect of different bodies
established under subsection (1).
Allowances and remuneration of members of subcommittees and consultative bodies
12. A member of a subcommittee or a consultative body, who is not in the
full-time employment of the State may, in respect of the services rendered by
that member in connection with the affairs of the subcommittee or consultative
body, from money appropriated for that purpose by Parliament, be paid such
travelling and subsistence and other allowances, as the Minister, with the
concurrence of the Minister of Finance, may determine.
Administrative functions of Council, Committee, and consultative bodies
13. (1) The administrative functions of the Council, Committee and each
consultative body shall be performed by officials of the Department who are
designated by the Director-General for that purpose.
(2) The Director-General shall in respect of the Council, Committee and each
consultative body designate a Secretary under whose direction the other
officials shall perform their functions.
Amendment of Act 76 of 1984
14. (1) Subject to the provisions of subsection (2), the National Policy for
General Education Affairs Act, 1984 (Act No. 76 of 1984), is hereby amended to
the extent set out in the Schedule.
(2) Anything done under a provision of the National Policy for General
Education Affairs Act, 1984, prior to the amendment thereof by subsection (1),
shall remain in force as if such amendment had not been made.
Short title
15. This Act shall be called the National Education Policy Act, 1996.
SCHEDULE
Number and year Short title Extent of repeal of law
--------------------------------------------------------------------------------
Act No. 76 of 1984 National Policy for General 1. The substitution for
Education Affairs Act section 1 of the following
section:
"Definitions
<<1.In this Act, unless
the context indicates
otherwise-
" 'department of
education' means the
departments of the
national and provincial
governments which are
responsible for education;
'educator' means any
person who teaches,
educates or trains other
persons at any school,
technical college or
teachers' training
college, or assists in
rendering professional
services or educational
auxiliary services
provided by or in a
department of education,
but does not include any
officer or employee, as
defined in section 1 of
the Public Service Act,
1994 (Proclamation No.
103 of 1994);
'Minister' means the
Minister of Education.>>".
2. The substitution for
section 2 of the following
section:
"Determination of
policy on salaries and
conditions of employment
of educators
<<2. (1) Subject to the
provisions of this section
and the provisions of any
law regarding the
financing of education,
the Minister may deter-
mine the national policy
to be applied in respect
of the salaries and
conditions of employment
of educators.
(2) The policy
contemplated in subsection
(1) shall be determined by
the Minister in
accordance with the
provisions of the
Education Labour Relations
Act, 1993 (Act No. 146 of
1993), and, if it involves
expenditure from the State
Revenue Fund, with the
concurrence of the
Minister of Finance.>>".
3. The repeal of sections
3, 4, 5, 6. 7, 8, 9 and
10.
4. The substitution for
section 11 of the
following section:
"Short title
<<11. This Act shall be
called the National Policy
on the Salaries and
Conditions of Employment
of Educators Act,
1984.>>".
5. The substitution for
the long title of the
following long title:
<<"To provide for the
determination of national
policy in respect of
salaries and conditions of
employment of educators;
and for matters connected
therewith.>>".